Though the matter is listed for preliminary hearing

along with application I.A.No.1/2019 for vacating stay,

with consent of both the parties, the matter is taken up for

disposal.

The writ petition is filed by the petitioner

seeking a writ of certiorari to quash the order dated

22.11.2018, passed by the III Addl. Civil Judge and JMFC,

Hubballi, on I.A.No.2 in O.S.No.514/2018, vide Annexure-

K, wherein the trial Court stayed the further proceedings

in O.S.No.514/2018. Questioning the order passed by the

learned trial court, petitioner is before this Court.

Petitioner is the plaintiff in O.S.No.514/2018,

which is filed for the following reliefs.

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a)

For declaration that the plaintiff and

defendant No.2 and 3 are the

absolute owners of suit schedule

Item I property and defendant No.1

has only limited easementary right

of ingress and egress and he cannot

park any car or vehicle or put any

obstacle;

b)

For permanent injunction restraining

the defendant No.1 parking any car

or putting any other vehicles in the

suit schedule Item I property;

c)

For declaration that plaintiff and

defendant

No.2

and

3

have

easementary

right

to

use

suit

schedule

Item

II

property

as

common property for their use and

enjoyment;

d)

For mandatory injunction directing

the defendant No.1 to remove the

katta constructed in Item II property

marked in letters EHIJ;

e)

For permanent injunction restraining

the defendant No.1 and his agents

causing obstruction for using suit

schedule

Item

II

property

as

common property by the plaintiff

and defendant No.2 and 3;

f)

For mandatory injunction directing

the defendant No.1 to remove the

board fixed on western compound

wall marked in ALKM letters;

g)

For damages of Rs.25,000=00 from

defendant No.1;

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h)

Cost of this suit;

i)

Such other reliefs deemed fit be

granted.

4.

Respondent

No.1

is

the

plaintiff

in

O.S.No.459/2017 seeking the following reliefs.

a)

The Hon’ble Court is prayed that a

Decree of Declaration by declaring

that the plaintiff has got absolute

right of reasonable use, free access

and

uninterrupted

right

of

enjoyment in and over the subject

Suit Passage running from North to

South through the Main Gate at

North-East corner measuring about

East-West 10 Ft. and North-South

60 Ft area situated to the East of

Residential property bearing CTS

No.163/71A/1 of Defendants and

North of Residential property bearing

CTS No.163/71A/2 of Plaintiff in

terms of the Apsat Watni Dated:

10-01-1983 and shown with letter

“A.F.G.H.” in the Rough Hand Sketch

Map annexed, in the interest of

justice and equity.

b)

Further,

by

way

of

grant

of

consequential

relief

of

the

Permanent Injunction the Defendant

No.1 to 3, their men, henchmen,

agents,

tenants

and

occupants

acting for and on their behalf be

restrained permanently from parking

any vehicle/s in the manner causing

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hindrance or disturbance to the

Plaintiff and his family members or

changing the nature of the Suit

Passage against the vested right

usage of the plaintiff over the suit

“A.F.G.H.” passage.

c)

The Hon’ble Court is prayed to grant

Mandatory Injunction to remove the

encroached

extended

Projections

erected at Western Edge top over

the Suit Passage facing towards East

at the Eastern Side Building of the

Defendant No.1 to 3 and at the

Western Edge of the Suit Passage

running from North to South more

particularly

projections

starting

firstly over the Windows to the

length of 2 Ft. extended towards

East in Ground Floor opened at

South-East

corner

shown

with

Letters “B & C”, secondly in the

middle

portion

of

Suit

Passage

erected projection to the extent of

2.5 Ft. towards East shown with

letter “D” and thirdly the extended

First Floor at North East Corner to

the extent of 4 Ft. towards East

shown with letter “E” in the Hand

Sketch Map annexed in the interest

of justice and equity.

d)

Any other or further relief which

deems fit to the Hon’ble Court be

granted in the circumstance, may

kindly be granted in the interest of

justice and equity.

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5.